Paylor v. United States
| Decision Date | 25 September 1968 |
| Docket Number | No. 21414.,21414. |
| Citation | 404 F.2d 1263 |
| Parties | Cordie Mae PAYLOR, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. John T. Koehler, Washington, D. C. (appointed by this court) for appellant.
Mr. Daniel J. Givelber, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.
Before FAHY, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.
Appellant, Cordie Mae Paylor, was tried and convicted of the crime of manslaughter and sentenced to a term of one to five years. It is from that verdict and judgment she appeals.
At about six o'clock in the evening of January 8, 1966, the appellant and her common-law husband, the deceased, arrived at the home of Mr. and Mrs. Roland Smith, the appellant's brother-in-law and sister. Upon entering, there was some conversation and drinking before dinner. After eating, Mr. Smith went into the bedroom to rest. The deceased, James Arthur Pearce, and the appellant then began to argue over the issue of which of them was to pay a furniture bill. The deceased struck the defendant as she attempted to get a drink of water and a tussle ensued. Thereupon the deceased was stabbed in the chest with a knife taken from the stove. During the struggle, Mrs. Smith ran to get her husband to break up the fight and upon re-entering the room she saw appellant with the knife in her hand. The deceased's shirt was bloody. Mr. Pearce died later that evening, the cause of death being a stab wound in the pulmonary artery.
Mrs. Smith was the Government's main witness. She testified on direct examination that the deceased "* * * followed her (the defendant) and grabbed her by the neck, around the neck and I seen (sic) he was choking her. * * *" At this point the prosecution, at the bench, claimed surprise, based upon a statement of the witness given to the police shortly after the incident and also upon an interview of the witness prior to coming into court. The trial judge advised the prosecutor to show the witness her statement with the hope of refreshing her recollection. After reading the statement (which makes no mention of the fact that Mr. Pearce choked the defendant) the witness again testified that the deceased choked Mrs. Paylor. Again a bench conference was requested and the court permitted the prosecutor to cross-examine the witness as to "material discrepancies" between what was being said from the stand and what she told the detective on January 8, 1966.
During cross-examination the witness admitted that what she told the police was incorrect because she was "rushed" and "under the influence of alcohol too." Again a bench conference was called and the trial judge expressed concern over the inconsistencies and agreed with counsel that if permitted to continue in this manner, the witness might very well "hang" the defendant.
With this in mind and with the consent of both counsel, the jury was excused and the witness admonished that it was the business of the court to uncover the truth and that lying could only "dig a hole for the defendant." Further that it was what the witness herself remembered and not what someone had told her that concerned the court. The trial judge went on to specifically point out to the witness that it was important to tell only what she saw and to refrain from supplying that which she did not see, and that to tell the assistant United States' Attorney that her statement to the police was untrue, if it was in fact true, would harm her sister. Finally, the trial judge attempted to make it clear that he did not want her to say any prior statement was false unless it was, in fact, not true.
In considering whether these instructions, in the light of the circumstances surrounding them, amounted to error, we conclude that they were designed to elicit from the witness the truth of the occurrence and were not an attempt to coerce the witness into abandoning her present testimony. Further, with reference to the words of the trial judge in intimating that the witness might "hang" the defendant, we conclude that he spoke with respect to the inconsistencies of the testimony and not with respect to the issue relating to self-defense.
It is unfortunate that the trial judge used the words "hang the defendant" and that it might well be that they were misunderstood by the witness. However, it is clear that upon resuming the stand, before the jury, the witness testified that it was her present recollection that her statement to the police, one and a half hours after the incident, was correct and that her statement from the stand concerning the choking of the defendant was incorrect. This testimony seems to arise out of an attempt on the part of the witness to act in accordance with the instructions of the trial judge to tell the truth and not out of a fear of coercion on the part of the court or prosecutor.
Having considered this question we feel that there was no manifest error on the part of the trial judge which worked to the prejudice of the substantial rights of the defendant.
There is another approach to our review of this proceeding which we believe also justifies and requires affirmation of the trial court. Inherent in the trial of every criminal case is the existence of a broad area wherein the trial judge is required to exercise his discretion to assure that the ultimate outcome of each case is fair both to the defendant and to the prosecution. "The goal of a criminal trial is the disposition of the charge in accordance with the truth." Luck v. United States, 121 U.S.App.D.C. 151, 348 F.2d 763 (1965). The experienced and knowledgeable trial judge in this case was, we believe, properly acting within the area reserved to his discretion when he undertook to emphasize to this witness the imperative importance of her truthful testimony. Luck v. United States, supra at 769. While we were in Luck referring to the exercise of discretion with reference to another trial problem, we feel our above quoted statements are equally applicable to the present case.
We have also considered the other points raised on this appeal and conclude that there was ample evidence to submit the question of guilt or innocence to the jury. They chose the former. We do not disturb their choice.
Affirmed.
Appellant was the common law wife of James Arthur ("Billie") Pearce. One evening they were in the kitchen of the small apartment of appellant's sister and the sister's husband. Pearce had been drinking. An argument arose between him and his wife, the appellant. He struck her in the face, knocking her against the wall. A struggle between them ensued, during which appellant secured a knife from the kitchen table near where they were struggling. Pearce was stabbed and died.1 His wife was indicted for manslaughter and convicted. She appeals, contending primarily that the evidence failed to establish a crime on her part and that, therefore, her motions for a directed verdict of acquittal should have been granted. While I do not agree with this contention it is clear to me she is entitled to a new trial because on the critical issue of self-defense the testimony of an important witness was unduly influenced by the respected trial judge, as now to be explained.
The witness referred to is Mrs. Evelyn Smith, then the 23 year old sister of appellant. She was called by the prosecution. She testified deceased knocked the appellant, his wife, against the wall of the kitchen and then began choking her. Her direct examination by the government elicited further:
The government claimed surprise due to a statement this witness had given the police at the Homicide Squad the evening of the fight, 17 months prior to the trial. While she did not mention choking in the statement, she did state the deceased "knocked" appellant against the wall and "hit her," that the knife was lying on an adjacent table, that the witness then went to her bedroom to get her husband, and when she returned, "they the deceased and the defendant were fighting over by the door to the hallway."
At the court's suggestion the witness was permitted to refresh her recollection by reading the statement. She reiterated her testimony of the choking, saying that deceased struck appellant, "grabbed her behind the neck" and "started choking her from * * * behind," and that "she turned around and he started choking her from the front." She said she then went to get her husband. She was asked "And when you came out of there who had the knife in his hand?" She answered again, "Billie." "
The foregoing was not inconsistent with her statement to the police. The Assistant United States Attorney, however, again protested to the court, emphasizing that the witness had testified ...
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U.S. v. Tilghman
...with both deference and "respect appropriately reflective of the inescapable remoteness of appellate review." Paylor v. United States, 404 F.2d 1263, 1265 (D.C.Cir.1968). At the same time, because we must ensure that defendants receive fair trials, we will set aside a conviction if witness ......
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U.S. v. Hanberry, E-D
...a fair trial by admonishing a Government witness, outside the presence of the jury, to tell the truth. See Paylor v. United States, 404 F.2d 1263, 1263-64 (D.C.Cir.1968) (per curiam). One issue, however, warrants expanded discussion. While this appeal was pending, the Supreme Court decided ......